Question Q.13GS2GS2

Differentiate between the clemency powers of the Presidents of India and the USA. Also, discuss the vesting of clemency power in the executive.

Main Body

Ans) Recently, the US President Donald Trump signed executive order granting clemency to all arrested for Jan 2020 violence in US capitol, highlighting the role of clemency powers. • Clemency powers of Indian president → (1) Art.72 provides clemency powers to grant → Pardons, Reprieves, Respites, Commutations in all cases (Union law), capital punishment, court martial decision (2) The clemency powers of Indian president is exercised on the basis of law of land between minister & COM. The power is NOT DISCRETIONARY → subject to Judicial Review (as said by SC in Shatrughan case 2014) • Clemency powers of US president → (1) Discretionary power of US president (2) No judicial review (3) Law grant clemency only in cases of Federal law, NOT state law constancy • Vesting of clemency powers is the Executive

Binding and adequate of Prime Minister & COM. The power is NOT DISCRETIONARY. → subject to Judicial Review (as said by SC in Shatrughan case 2014) • Clemency powers of US president → (1) Discretionary power of US president (2) No judicial review (3) Law grant clemency only in cases of Federal law, NOT state law constancy • Vesting of clemency powers is the Executive

Scope of correction of Judicial error → new facts came into light after Judicial decision → grounds of human morality and compassion NEGATIVE consequents → critical misuse (Joe biden gave clemency to his own son) → Arbitrary usage → Against principles of Natural Justice PQNS Erodes public trust in JUSTICE and institution. Clemency powers are extraordinarily immense & should be used judiciously.

— RISHUL-NEEMA · AIR 267

263 words1 paragraphs

Conclusion

Clemency powers are extraordinarily immense & should be used judiciously.

10 words

Diagram

Flow chart showing: POSITIVE CONSEQUENCES (Scope of correction of Judicial error, new facts came into light after Judicial decision, grounds of human morality and compassion) and NEGATIVE CONSEQUENCES (critical misuse (Joe biden gave clemency to his own son), Arbitrary usage, Against principles of Natural Justice (PQNS)). Connected to: Erodes public trust in JUSTICE and institution. Clemency powers are extraordinarily immense & should be used judiciously.

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Topper

RISHUL-NEEMA

AIR 2672025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency Powers

Writing Stats

273

Total words

Paragraphs

analytical

Tone

Linked PYQ

A private company is known for its efficiency, transparency and employee welfare. The company though owned by a private individual has a cooperative character where employees feel a sense of ownership. The company employs nearly 700 personnel and they have voluntarily decided not to form a union. One day suddenly in the morning, about 40 men belonging to a political party gate-crashed into the factory demanding jobs in the factory. They threatened the management and employees, and also used foul language. The employees feel demoralized. It was clear that those people who gate-crashed wanted to be on the payroll of the company as well as continue as the volunteers/members of the party. The company maintains high standards in integrity and does not extend favours to civil administration that also includes law enforcement agency. Such incidents occur in public sector also. (a) Assume you are the CEO of the company. What would you do to diffuse the volatile situation on the date of gate-crashing with the violent mob sitting inside the company premises? (b) What could be the long-term solution to the issue discussed in the case? (c) Every solution/action that you suggest will have a positive and a negative impact on you (as CEO), the employees and the performance of the employees. Analyze the consequences of each of your suggested actions.

20M2015